Disciplinary dismissal

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Disciplinary dismissal is a severe measure that an employer can take when an employee commits serious misconduct. This article analyzes what disciplinary dismissal is and its implications in real-life cases. Find out all about its execution.

Content

What is a disciplinary dismissal?
Causes for disciplinary dismissal
Procedure for disciplinary dismissal
Disciplinary dismissal: worker rights
Challenging disciplinary dismissal
Disciplinary dismissal: appeal procedure
Disciplinary dismissal: consequences of a successful challenge
Conclusion
Frequently Asked Questions
What is a disciplinary dismissal?
A disciplinary dismissal is the termination of employment due to serious breaches by the employee. Such breaches may include, but are not limited to, dereliction of duty, disruption of work procedures, fraud, disclosure of confidential information, or other conduct that is detrimental to the interests of the company or violates the law.

Classification of disciplinary dismissal
Classification of disciplinary dismissal:

Justified: when the cause for dismissal is justified and meets all legal requirements.
Unfair : when the cause for dismissal cannot be proven or the legal requirements are not met.
Null: when the dismissal violates the fundamental rights of the worker, such as those rights related to discrimination based on disability, age or sexual orientation.
Causes for disciplinary dismissal
Disciplinary dismissal may be motivated by various reasons, differentiating between justified dismissal and disciplinary dismissal:

Fair dismissal : justified by objective reasons such as economic, technical, organizational or production reasons.
Disciplinary dismissal: based on employee behavior or actions that have a negative impact on the company.
Reasons for disciplinary dismissal
Let's look at some reasons for disciplinary dismissal in 2024:

Inappropriate behavior: lateness or absence without justification.
Failure to comply with work obligations: poor performance, indiscipline or disobedience.
Misconduct : physical or verbal aggression towards coworkers.
Lack of ethics or integrity : theft, fraud or breach of good faith in a contractual relationship.
Habitual consumption of alcohol or uae email list drugs: habitual drunkenness or drug addiction that affects job performance.
Discriminatory harassment : harassment based on race, religion, belief, disability, age or sexual orientation; or sexual harassment.
Procedure for disciplinary dismissal
Disciplinary dismissal must follow a strict procedure to be considered valid:

Notification to the worker
The employer must notify the employee immediately of the dismissal, specifying the reasons and providing a written dismissal letter.

Letter of dismissal
The dismissal letter must include the reasons for the dismissal, the facts justifying it and the effective date. It must be delivered to the employee so that there is proof of receipt.

Notice period
In the case of disciplinary dismissal, a notice period is generally not mandatory. However, this may vary depending on the applicable collective agreement.